HomeMy WebLinkAboutLOD200100024 Letter of Determination 2001-10-05October 1, 2001
Gladys W. Clark
P.O. Box 7
Greenwood, VA 22943
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 55, Parcel 7 and Tax Map 55, Parcel 11A (Property of Gladys W. Clark)
Section 10.3.1
Dear Ms. Clark:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that Tax Map 55, Parcel 7 is comprised of three (3) separate parcels. The 45 acre tract
described in Deed Book 163, page 134 contains five (5) theoretical development rights.
The 4.7 acre tract described in Deed Book 167, page 231 contains two (2) theoretical
development rights. The 5 acre tract described in Deed Book 244, page 175 contains
two (2) theoretical development rights. Tax Map 55, Parcel 11A is comprised of two (2)
separate parcels. The portion of the property located on the south side of Route 691
contains five (5) theoretical development rights. The portion of the property located on
the north side of Route 691 contains one (1) theoretical development right. The basis for
this determination follows.
Our records indicate Tax Map 55, Parcel 7 contains 54.70 acres and one (1) dwelling.
The most recent deed for this parcel is recorded in Deed Book 1070, page 25. The
parcel is not in an Agricultural and Forestal District.
The most recent deed for this property prior to the date of adoption of the Albemarle
County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 605, page
581. This deed, dated September 17, 1976, conveyed three tracts of land from Paul
Woodford Wager Clarke, Lawrence Clyde Clark, IV, Sarah Morris Clarke, Christopher
Edwin Clarke, Janet Creasy Clarke, and Louise Harvey Clarke to Gladys Wager Clarke.
The three tracts, containing a total of 54.7 acres, are described as follows:
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Gladys W. Clark
October 1, 2001
Page 2
First: 45 acres conveyed from R. D. Colemen to Clarence Starkweather on June
7, 1916 recorded in Deed Book 163, page 134. The plat recorded with this deed
shows that this parcel extends from Route 691 to the center of the C & O
Railroad.
Second: 4.7 acres conveyed from Marshall Wheeler to Clarence Starkweather on
March 18, 1918 recorded in Deed Book 167, page 231.
Third: 5 acres conveyed from Henry Goodloe, Special Commissioner, to
Clarence Starkweather on August 21, 1939 and recorded in Deed Book 244,
page 175.
The 4.7 acre parcel and the 5 acre parcel are located within the portion of Parcel 7
situated on the north side of the railroad track. The boundary between these two lots
has not been established as part of this review.
Deed Book 1070, page 25 is a corrected deed of gift. This deed, dated September 19,
1989, is between Louise C. Goodling, formerly Louise Harvey Clarke & Jace Atlee
Goodling and Gladys Wager Clarke. Louise Harvey Clarke was under the age of 18
years when she conveyed her interest in the property described in Deed Book 605,
page 581. This inadvertency is corrected by this deed. There have been no off -
conveyances since this transaction.
Based on this history, Tax Map 55, Parcel 7 is determined to be comprised of three (3)
separate parcels; each with a full complement of development rights.
Our records indicate Tax Map 55, Parcel 11A contains 65.550 acres and one (1)
dwelling. The most recent deed for this parcel is recorded in Deed Book 1960, page
569. The parcel is not in an Agricultural and Forestal District.
The most recent deed for this property prior to the date of adoption of the Albemarle
County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 365, page
417. This deed, dated January 13, 1961, conveyed 65.55 acres from Lois B. Marvin to
Paul W. Wager and Maude Lassiter Wager. The property is shown on a plat by T. W.
Saunders recorded with this deed.
Deed Book 707, page 636, dated June 20, 1980 and recorded on December 31, 1980,
conveyed 65.55 from Paul W. Wager and Maude Lassiter Wager to Gladys Wager
Clarke. This is same property shown on the plat by T. W. Saunders recorded in Deed
Book 365, page 422.
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Gladys W. Clark
October 1, 2001
Page 3
Deed Book 796, page 416, dated April 25, 1984, is a deed of correction between Paul
W. Wager and Gladys Wager Clarke. This deed corrects the deed recorded in Deed
Book 707, page 636. It provides that in addition to the 65.55 acres conveyed in that
deed, Paul W. Wager and Maude Lassiter Wager intended to convey a small triangular
strip of land on the north side of Route 691. This property lies to the northeast of Lot 3
on a plat recorded in Deed Book 306, page 328. This portion of Parcel 11A, located
adjacent to the southern most part of Parcel 7, is determined to be a separate parcel in
accord with the Sanford case. However, it is estimated to contain less than two tenths of
an acre. It is unlikely that the development right associated with this parcel could be
utilized.
Deed Book 1902, page 508, dated March 17, 2000 conveyed by gift 65.55 acres from
Gladys Wagner Clarke to Lawrence C. Clarke, III. This is described as the property
shown on the plat by T.W. Saunders recorded in Deed Book 365, page 422. Also, this
deed conveyed the small triangular lot described in Deed Book 796, page 416.
Deed Book 1960, page 569, dated October 10, 2000 conveyed by gift 65.55 acres from
Lawrence C. Clarke, III to Gladys Wagner Clarke. This is described as the property
shown on the plat by T.W. Saunders recorded in Deed Book 365, page 422. This is
further identified as the same property that was conveyed to the grantor by a deed of
gift by Gladys Wager Clarke recorded in Deed Book 1902, page 508. Our records show
no off conveyances since this transaction.
Based on this history, Tax Map 55, Parcel 11A is determined to be comprised of two
separate parcels. The 65.55 acres on the southern side of Route 691 contains five (5)
development rights. The small triangular lot identified in Deed Book 796, page 416 has
one (1) development right.
These parcels are entitled to the noted development rights if all other applicable
regulations can be met. These development rights are theoretical in nature but do
represent the maximum number of lots containing less than twenty one acres allowed to
be created by right. In addition to the development right lots, a "parent parcel" may
create as many parcels containing a minimum of twenty-one acres as it has land to
make.
If you are aggrieved by this determination, you have a right to appeal it within thirty days
of the date notice of this determination is given, in accordance with Section 15.2-2311 of
the Code of Virginia. If you do not file a timely appeal, this determination shall be final
and unappealable. An appeal shall be taken only by filing with the Zoning Administrator
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ACE\ClarkDRDetermination. doc
and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of $95.
The date notice of this determination was given is the same as the date of this letter.
Gladys W. Clark
October 1, 2001
Page 4
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
McChesney Goodall, ACE Program Coordinator
Reading Files
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ACE\ClarkDRDetermi nation. doc